Is State Tax Rates Hiking Up The Price Of Vaporizers?
The U.S. tobacco industry is fighting back against efforts by state regulatory bodies and consumers to modify the sale of electric cigarettes. While vaporizers have already been around for a long time and so are becoming more acceptable in mainstream American life, the tobacco companies are determined to fight these efforts vigorously. They’ve made huge amount of money attempting to defeat state taxing and regulation efforts. Now, they’re making their next move: challenging the legality of the taxation themselves. In a fresh legal filing, they’re claiming that the FDA over regulates and creates a “guaranteed” interstate transportation business. The filing happens to be being contested in the courts, and both sides expect a resolution at some point soon.
State taxation uprights vaporizers by regulating their sale. It is estimated that about twenty states have uprights to market vaporizer devices, including California, Colorado, D.C., Florida, Hawaii, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington. These states have become rapidly in recent years, so when a consequence, their cigarette tax rates are also growing rapidly. Many of these same states likewise have placed taxes on cigar and pipe tobacco. It appears that smoking just gets more expensive, and that’s what the tobacco industry is shooting for.
According to the filing with the FDA, the tobacco industry is being targeted unfairly. The tobacco industry is doing everything they can to fight against regulation of vaporizer devices. As we’ve seen, the U.S. Supreme Court has multiple times ruled contrary to the FDA over-regulation of cigarettes. These rulings have left the door spacious to regulation of vaporizer devices. The FDA claims that over-regulation defeats the objective of regulating and controlling the use of vaporizers.
The fact is that the FDA itself is not even required to regulate or control these industries. Only state governments have that authority. It is the state governments that impose their very own taxes, and several states have imposed increased taxes in an effort to try to curb smoking. But the state governments are themselves at a disadvantage. They cannot regulate wholesale prices since these prices are regulated by state laws. They also can’t tax the podsmall.com merchandise at a higher rate compared to the authorities does.
Also, the FDA itself isn’t directly involved in the manufacturing of the vaporizer. Tobacco companies manufacture their very own products, and they are the ones that get sued by the states and levied taxes. The FDA merely approves or denies manufacturer licenses based on whether these manufacturers follow federal law. And if the manufacturer doesn’t, then your company doesn’t get its license.
So, the states that impose taxes on vaporizer devices do not get the advantage of having a federal regulator, or a manufacturer that’s licensed by hawaii. So, instead, they find ways to increase taxes on the manufactures themselves! That makes no sense. Why are these manufacturers being targeted specifically? There’s no real reason.
THE MEALS and Drug Administration may be the federal body in charge of regulating pharmaceuticals, health supplements and cosmetics. It has the capacity to ban the production or sale of any chemical or substance that it determines is unsafe. So, why are states attempting to tell the FDA to target Vaping online users rather than tobacco manufacturers? The FDA knows that regulating diet pills isn’t likely to work because there are no controlled diet pills currently on the market. And, even if there have been, they couldn’t force food manufacturers to market diet pills containing ingredients that are banned by state law.
So, instead, the states want to force the FDA to create some kind of rule or regulation which will require a manufacturer to market their devices in a particular manner, in accordance with state regulations. Which makes no sense at all. It also flies when confronted with the original purpose of the meals Drug and Administration Act. Why the FDA is targeting these devices is really a question that only experts in the FDA can answer.